On November 17, 2009, the International Trade Commission issued a notice determining not to review ALJ Robert K. Rogers, Jr.’s October 15, 2009 Initial Determination (“ID”) granting Complainant Saxon Innovations, LLC’s (“Saxon”) motion for summary determination that it has met the economic prong of the domestic industry requirement in Certain Electronic Devices, Including Handheld Wireless [...]

On November 4, 2009, the Federal Circuit is scheduled to hear oral argument in SiRF Technology, Inc. v. ITC  (2009-1262). By way of background, Global Locate, Inc. (“GL”) filed a complaint with the ITC against SiRF Technology (“SiRF”) in April 2007, alleging violation of Section 337 by SiRF’s importation and sale of certain Global Positioning [...]

On September 30, 2009, ALJ E. James Gildea issued the public version of Order No. 29 in Certain Cold Cathode Fluorescent Lamp (“CCFL”) Inverter Circuits and Products Containing the Same (Inv. No. 337-TA-666).  In the Order, ALJ Gildea denied: (1) respondents Asustek Computer, Inc.’s, Asus Computer International’s, and Monolithic Power Systems, Inc.’s (collectively, “Respondents”) motion [...]

Further to our September 1 post, on September 24, 2009, ALJ Theodore R. Essex issued the public version of his Final Initial and Recommended Determinations (“ID”) in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-630).  The Complainant in this investigation is Tessera, Inc. (“Tessera”) and the Respondents are [...]

On September 24, 2009, the  Commission issued a notice determining to review in part ALJ E. James Gildea’s July 24, 2009 Initial Determination (“ID”) finding a violation of Section 337 by the respondents in Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636).  In the notice, the Commission indicated that it intends to modify ALJ [...]

Following the issuance of an exclusion order by the Commission in a Section 337 investigation, any person seeking a determination that its redesigned products do not violate such exclusion order may seek (1) an advisory opinion under Commission Rule 210.79; and/or (2) an administrative ruling from U.S. Customs under 19 C.F.R. §177. Under Commission Rule [...]

Further to our August 17 post, on September 17, 2009, Chief ALJ Paul J. Luckern issued the heavily redacted public version of his 245 page August 14, 2009 Final Initial and Recommended Determinations (“ID”) in Certain 3G Mobile Handsets and Components (Inv. No. 337-TA-613). By way of background, InterDigital Communications, LLC and InterDigital Technology Corp. [...]

In Section 337 actions, the domestic industry requirement includes two prongs: (1) the economic prong, which involves investment activities, and (2) the technical prong, which involves the practice of the asserted intellectual property right. Subsection 337(a)(3) defines domestic industry as follows:     An industry in the United States shall be considered to exist if there [...]

On September 9, 2009, ALJ E. James Gildea issued the public version of Order No. 25 in Certain Cold Cathode Fluorescent Lamp Inverter Circuits and Products Containing the Same (Inv. No. 337-TA-666).  In the Order, ALJ Gildea granted Complainants’ O2 Micro International Ltd. and O2 Micro Inc. (collectively, “O2 Micro”) and Respondents’ LG Display Co., [...]

On September 8, 2009 Chief ALJ Paul J. Luckern issued Order No. 11 granting a motion filed by Complainants Red Bull GmbH and Red Bull North America (collectively, “Red Bull”) to amend the complaint and notice of investigation to add six new respondents in Certain Energy Drink Products (Inv. No. 337-TA-678).  Through its motion, Red [...]